6.  The applicant was born in 1947 and lives in Tirana.
7.  On 14 April 1992 the applicant suffered a serious accident at work and was unable to continue working. There is no documented information concerning the applicant’s state of health from 1992 to 2001.
8.  The applicant was admitted to hospital on an unspecified date. On 13 March 2001 he was released from hospital with a medical report recommending that he apply for recognition of his incapacity to work (fletë drejtimi për K.E.M.P.) and for the corresponding benefits.
9.  On 14 March 2001 the applicant applied to the District Medical Examination Commission on Capacity for Work (Komisioni Mjekësor i Caktimit të Aftësisë për Punë (K.M.C.A.P. Dibër) – “the District Commission”) seeking to have his degree of incapacity determined and to be awarded benefits. By decision of 28 September 2001, the Commission recognised the applicant’s incapacity for work with effect from 14 April 1992. However, it decided that he would be eligible for the corresponding benefits only for the period from 16 March 2001 to 30 March 2002, and granted him Category 4 incapacity status on the grounds that he was considered to have suffered an accident outside work.
10.  On 1 October 2001 the applicant lodged an appeal with the Medical Examination Appeals Commission on Capacity for Work (K.M.C.A.P. Epror –“the Appeals Commission”) contesting the District Commission’s decision in part. He argued that, in considering that he had suffered an accident outside work, the District Commission had erroneously assessed the circumstances of the case. He claimed that he should have been granted Category 2 incapacity status instead of Category 4.
11.  On 30 January 2003 the Appeals Commission revoked the District Commission’s decision in its entirety. It declared the applicant fit for work and ineligible for incapacity benefits.
12.  On an unspecified date the applicant requested the Dibra District Court to verify and recognise that the accident of 14 April 1992 had occurred at his place of work.
13.  On 30 May 2003, on the basis of witness statements and medical reports, the Dibra District Court found that the applicant had suffered an accident on 14 April 1992 during working hours. The judgment became final and binding on 16 July 2003.
14.  On an unspecified date the applicant initiated civil proceedings with the Tirana District Court to challenge the lawfulness of the Appeals Commission’s decision.
15.  On 9 June 2003 the District Court dismissed the applicant’s action on the grounds that, pursuant to section 35 of the Social Security Act, the decisions of the Appeals Commission were final and binding and not subject to scrutiny by the courts (see paragraph 24 below).
16.  The applicant appealed to the Court of Appeal. He claimed a violation of his right of access to a court in order to challenge the fairness of the proceedings before the Appeals Commission. In addition, the applicant argued that by refusing to exercise jurisdiction in the matter, the District Court had discriminated against him vis-à-vis other claimants who, having challenged the unfairness of the proceedings before the Appeals Commission, had obtained redress from the courts (see paragraphs 34 and 35 below).
17.  On 9 October 2003 the Court of Appeal upheld the District Court’s decision, confirming that the outcome of the procedure before the Appeals Commission was final and not subject to challenge before the courts. In so far as the applicant’s complaint that he had been discriminated against was concerned, it found that the District Court had based its decision on the law and not on precedents. Lastly, the court disagreed with the applicant’s argument about the alleged incompetence of the Appeals Commission’s members and found that their professional abilities were satisfactory.
18.  On 5 March 2004 the Supreme Court’s Civil Bench dismissed an appeal by the applicant.
19.  On an unspecified date the applicant appealed to the Constitutional Court, challenging the lower courts’ decisions. He claimed an infringement of his right of access to a court in order to challenge the Appeals Commission’s decision before the domestic courts and obtain redress for the alleged unfairness of the proceedings before the Appeals Commission. Moreover, he contested the competence of the Appeals Commission’s members.
20.  On 23 December 2004 the Constitutional Court upheld the lower courts’ decisions. The Constitutional Court did not address the applicant’s complaint about the lack of judicial control of the Appeals Commission’s decision. It pointed out that the Court of Appeal had nevertheless ruled on the issue of the impartiality of the Commission’s members. It had concluded that they were appointed by the Ministry of Health on the basis of their professional qualities, qualifications and experience. Hence, the applicant’s appeal was unsubstantiated.
21.  On 10 June 2005 the applicant was issued with a medical report recommending that he apply for Category 2 incapacity status (fletë drejtimi për K.E.M.P.). On 22 July 2005 the Dibër District Commission found the applicant fully unfit for work with effect from 16 March 2001 and awarded him incapacity benefits for the period between 30 June 2005 and 30 June 2006. The Appeals Commission, following an appeal by the applicant, modified the period so that it ran from 20 November 2005 to 30 May 2006.
22.  On 29 June 2006 the Appeals Commission extended the applicant’s incapacity status from 1 June 2006 to 1 January 2007.
23.  By a certificate of the District Commission of 21 June 2007, the applicant’s incapacity was extended for the period from 1 January 2007 to 1 January 2008.